AI Overview...
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Cancellation of Sale Deed - Courts have clarified that civil courts cannot entertain disputes regarding matters already decided by the Debts Recovery Tribunal under SARFAESI, such as mortgage or sale deed issues. Section 34 of SARFAESI bars civil court jurisdiction in such cases, and decisions to dismiss suits under Order VII Rule 11 uphold the non-maintainability of suits challenging SARFAESI proceedings Bharat Singh Patel vs Antar Singh Gour - Madhya Pradesh.
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Validity and Registration of Sale Deeds - Sale deeds, including those executed under SARFAESI or other statutes, are subject to proper registration. Courts have directed the registration of sale deeds in favor of purchasers and have set aside attachment orders that hinder registration, emphasizing the importance of compliance with registration laws for validity Suresh Kumar Goyal VS Chief Commissioner Income Tax-2 - Delhi.
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Cancellation of Sale Deed - Cancellation typically arises from procedural lapses, fraud, or breach of contractual terms. For example, borrowers are often required to execute a Deed of Cancellation to nullify a prior release deed, and banks may call for such cancellations post-auction to confirm transfer of ownership CELIR LLP vs MR. SUMATI PRASAD BAFNA - Supreme Court.
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SARFAESI and Sale Proceedings - Under SARFAESI, sale certificates issued after auction are confirmed, and the borrower is usually directed to cancel any prior release deeds. The Act enables banks to enforce security interests through sale, but the process must adhere to legal procedures, including proper notices and registration Selvaraj Velusamy (died) VS Chairman cum Managing director, M/s. Syndicate Bank, Corporate Office, Bangalore - Madras.
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Court Orders and Disputes - Courts have set aside attachment orders and directed the registration of sale deeds in favor of bona fide purchasers, reinforcing the principle that once a valid sale is executed and registered, the ownership transfer is protected from subsequent claims or attachments Suresh Kumar Goyal VS Chief Commissioner Income Tax-2 - Delhi.
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Legal Requirements for Property Security - For a property offered as security, the lender must verify clear title, obtain a title verification certificate, and ensure the property is free from encumbrances at the time of security creation. Failure to do so can lead to cancellation of the security or sale Medineutrina Pvt. Ltd. (Company) Through its Director - Dilipkumar VS District Industries Centre (D. I. C. ), Udyog Bhavan, Nagpur - Bombay.
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Summary - The cancellation of registered sale deeds involves procedural adherence, proper registration, and compliance with statutory provisions. Courts uphold the validity of sale deeds once registered and executed correctly, while SARFAESI provides a framework for enforcing security interests, including sale and auction procedures. Disputes over cancellation often relate to procedural lapses, fraud, or non-compliance with legal requirements Bharat Singh Patel vs Antar Singh Gour - Madhya Pradesh, Suresh Kumar Goyal VS Chief Commissioner Income Tax-2 - Delhi, CELIR LLP vs MR. SUMATI PRASAD BAFNA - Supreme Court.
References: - Bharat Singh Patel vs Antar Singh Gour - Madhya Pradesh - Merlin Projects Ltd. VS Pandav Roy - Consumer - Selvaraj Velusamy (died) VS Chairman cum Managing director, M/s. Syndicate Bank, Corporate Office, Bangalore - Madras - Suresh Kumar Goyal VS Chief Commissioner Income Tax-2 - Delhi - Asset Reconstruction Company India Limited (ARCIL) VS Sri Devi Hospital, Represented by its sole Proprietor Dr. K. Senthil Nathan - Madras - Medineutrina Pvt. Ltd. (Company) Through its Director - Dilipkumar VS District Industries Centre (D. I. C. ), Udyog Bhavan, Nagpur - Bombay - Celir LLP VS Sumati Prasad Bafna - Supreme Court - Swadha Builders Pvt. Ltd. VS Nabarun Bhattacharjee - Calcutta - Vishal Aggarwal VS Union Bank of India - Delhi - CELIR LLP vs MR. SUMATI PRASAD BAFNA - Supreme Court
Search Results for "Cancellation of Registered Sale Deed Sarfeisi"
2025 Supreme(Online)(MP) 1299 • India - High Court of Madhya Pradesh
SHRI JUSTICE PREM NARAYAN SINGH, J
court reiterated that civil courts cannot entertain suits regarding matters determined by the Debts Recovery Tribunal under the SARFESI ... regarding property mortgaged without their knowledge - Court held that jurisdiction of civil court is barred under Section 34 of the SARFESI ... decision to allow the application under Order VII Rule 11 was upheld, confirming that the suit was not maintainable due to the SARFESI ... Respondent No. 1 has executed registered sale deed dated 06.11.201....
• India - Consumer
R.K.AGRAWAL, M.SHREESHA
respect of corpus fund-obtained loan from the OP 3—OP 3 disbursed amount to the OP 1-complaiannt was put in possession on 20/4/2004—Deed ... Sale Deed. ... On 30.06.2004, the second Complainant requested the Opposite Parties to get the Deed of Conveyance duly registered in their favour but the same had not been done. ... The First and Second Opposite Parties justified the cancellation of the Agreement on the ground that the Complainants were under obligation to pay Rs.10,00,000/-, Rs.3....
2018 0 Supreme(Mad) 982 • India - Madras
S.MANI KUMAR, V.BHAVANI SUBBAROYAN
and refund the sale amount. ... certificate and refunding the sale amount. ... Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act - Sale Certificate - 2002 - Summary ... Thereafter, on the very same day i.e. 28.10.2011, certificate of sale, was also issued under SARFEASI Act, 2002, Rule - 9(6) and registered in the office of the Sub-Registrar, Avinashi. ... Thereby, the deceased petitioner had requested the authority to initiate appropriate p....
2016 0 Supreme(Del) 4539 • India - Delhi
S.MURALIDHAR, NAJMI WAZIRI
It set aside the attachment order and directed the registration of the sale deed in favor of the Petitioner. ... The court set aside the attachment order issued by the ITD and directed the registration of the sale deed executed by IDBI in favor ... The Petitioner sought registration of the sale deed in his favor, which was declined due to the attachment order issued by the TRO ... The Petitioner states that from 14th July 2015 to 18th August 2015 several letters were written to IDBI to....
2021 0 Supreme(Mad) 3190 • India - Madras
M.M.SUNDRESH, R.N.MANJULA
The agreement was signed and duly registered on the file of the Sub-Registrar of Anna Nagar - Appellant is a Company incorporated ... under the Companies Act and registered as a Securitization and Asset Reconstruction Company pursuant to Section 3 of the SARFAESI ... - Clause 15 - Recovery of Debts - Mortgage Agreement - Claiming false right over the said property - encumbrance or issuing any Sale ... of cancellation. 4.11. ... Taking umbrage under the said order and quoting certain judgments relating to deeds of declara....
2021 0 Supreme(Bom) 192 • India - Bombay
SUNIL B.SHUKRE, AVINASH G.GHAROTE
(a) that the property offered as a security interest is free from any encumbrance whatsoever, at the time when it is so offered initially, to avail financial credit by the owner/s; (b) in all such cases, a title verification certificate, by a lawyer, at the penalty of cancellation ... Court, within whose jurisdiction, the property is situated to ascertain, whether the same is the subject matter of any litigation and an affidavit from the borrowers that it is not so; (c) in all such cases, a valuation certificate, by a government approved, at the penalty of cancell....
2024 0 Supreme(SC) 1187 • India - Supreme Court
J. B. PARDIWALA, MANOJ MISRA
with the court's orders regarding possession and cancellation of the release deed. ... the borrower to cancel the release deed and hand over possession to the bank. ... The court ultimately ruled that the auction was valid and confirmed the sale to the successful bidder. ... The equity of redemption is not extinguished by mere contract for sale. 35. The mortgagor’s right to redeem will survive until there has been completion of sale by the mortgagee by a registered #H....
2023 0 Supreme(Cal) 602 • India - Calcutta
KRISHNA RAO
of hearing of present application, counsel for petitioner has handed over copy of paper publication wherein E-Auction Notice for Sale ... (c) Decree directing delivery up and cancellation of the purported equitable mortgage of the Jessore Road Property created by the plaintiff No. 1 in favour of the defendant No. 7 upon adjudging the same be void; (d) Decree directing delivery up and cancellation ... The petitioner no.1 had also made a written complaint to the Hare Street Police Station against the fraud committed by the respondents and ....
2023 0 Supreme(Del) 4386 • India - Delhi
GAURANG KANTH
Respondent Nos.11 & 12 had revoked the registered GPA executed in favour of Late Sh. Rajender Kumar Aggarwal vide revocation/cancellation deed dated 07.02.1995. The disputes between the parties led to the filing of CS (OS) No. 1788/1995 titled as Mrs. K.P Nambiar Vs Rajender Aggarwal & Ors.. ... Rahul Gupta, learned counsel for the Appellant submits that the Appellants are bonafide purchasers of the ground floor of the suit property by virtue of the registered sale deed dated 29.01.199....
2024 Supreme(Online)(SC) 12443 • India - Supreme Court of India
The sale certificate issued to the auction purchaser is confirmed, and the borrower must cancel the release deed and return possession ... Nevertheless, the Bank on 18.10.2023 addressed one another letter calling upon the Borrower to execute a Deed of Cancellation of the aforesaid Release Deed and to handover the original title documents of the Secured Asset. 33. ... (ii) The Borrower and the Bank shall immediately take steps for the cancellation of the Release Deed ....
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